Regulated Navigation Areas; Port of Portland Terminal 4, Willamette River, Portland, OR, 20523-20525 [2010-9018]
Download as PDF
<![CDATA[
20523
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
List of Subjects in 21 CFR Part 510
21 CFR Part 510
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
[Docket No. FDA–2010–N–0002]
New Animal Drugs; Change of
Sponsor’s Name and Address
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 510 is amended as follows:
■
PART 510—NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 510 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
2. In § 510.600, in the table in
paragraph (c)(1), remove the entry for
‘‘Minrad, Inc.’’ and alphabetically add a
new entry for ‘‘Piramal Critical Care,
Inc.’’; and in the table in paragraph
(c)(2), revise the entry for ‘‘060307’’ to
read as follows:
■
§ 510.600 Names, addresses, and drug
labeler codes of sponsors of approved
applications.
*
*
*
(c) * * *
(1) * * *
*
*
Firm name and address
Drug labeler
code
*
*
*
*
Piramal Critical Care, Inc.,
3950 Schelden Circle,
Bethlehem, PA 18017
*
*
*
*
060307
*
*
(2) * * *
Drug labeler
code
*
erowe on DSK5CLS3C1PROD with RULES
*
Firm name and address
*
*
*
Piramal Critical Care, Inc.,
3950 Schelden Circle,
Bethlehem, PA 18017
*
*
*
*
Dated: April 15, 2010.
Elizabeth Rettie,
Deputy Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2010–9045 Filed 4–19–10; 8:45 am]
BILLING CODE 4160–01–S
VerDate Nov<24>2008
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor’s name from Parnell
Laboratories (Aust) Pty. Ltd. to Parnell
Technologies Pty. Ltd. In addition, the
sponsor’s mailing address will be
changed.
DATES:
13:39 Apr 19, 2010
Jkt 220001
§ 510.600 Names, addresses, and drug
labeler codes of sponsors of approved
applications.
*
*
*
(c) * * *
(1) * * *
*
*
Firm name and address
Final rule.
This rule is effective April 20,
2010.
Drug labeler
code
*
*
*
*
Parnell Technologies Pty.
Ltd., unit 4, 476 Gardeners Rd., Alexandria,
New South Wales 2015,
Australia
*
*
*
*
068504
*
*
(2) * * *
FOR FURTHER INFORMATION CONTACT:
David R. Newkirk, Center for Veterinary
Medicine (HFV–100), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8307, email: david.newkirk@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Parnell
Laboratories (Aust) Pty. Ltd., Century
Estate, unit 6, 476 Gardeners Rd.,
Alexandria, New South Wales 2015,
Australia, has informed FDA that it has
changed its name and address to Parnell
Technologies Pty. Ltd., unit 4, 476
Gardeners Rd., Alexandria, New South
Wales 2015, Australia. Accordingly, the
agency is amending the regulations in
21 CFR 510.600(c) to reflect this change.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 510
*
060307
Food and Drug Administration
2. In § 510.600, in the table in
paragraph (c)(1), revise the entry for
‘‘Parnell Laboratories (Aust) Pty. Ltd.’’;
and in the table in paragraph (c)(2),
revise the entry for ‘‘068504’’ to read as
follows:
■
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 510 is amended as follows:
PART 510—NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 510 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
Drug labeler
code
*
Firm name and address
*
068504
*
*
*
*
Parnell Technologies Pty.
Ltd., unit 4, 476 Gardeners Rd., Alexandria,
New South Wales 2015,
Australia
*
*
*
*
Dated: April 15, 2010.
Elizabeth Rettie,
Deputy Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. 2010–9057 Filed 4–19–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0370]
RIN 1625–AA11
Regulated Navigation Areas; Port of
Portland Terminal 4, Willamette River,
Portland, OR
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing two Regulated Navigation
Areas (RNA) at the Port of Portland
Terminal 4 on the Willamette River in
E:\FR\FM\20APR1.SGM
20APR1
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
Portland, Oregon. The RNAs are
necessary to preserve the integrity of
engineered sediment caps placed within
Slip 3 and Wheeler Bay at the Portland
Harbor Superfund Site as part of a
removal action at that site. The RNAs
will do so by prohibiting activities that
could disturb or damage the engineered
sediment caps in that area.
DATES: This rule is effective May 20,
2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0370 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0370 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail MST1 Jaime Sayers, Waterways
Management, USCG Sector Portland;
telephone 503–240–9319, e-mail
Jaime.A.Sayers@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
Regulatory Information
On December 30, 2009, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Regulated Navigation
Areas; Port of Portland Terminal 4,
Willamette River, Portland, OR’’ in the
Federal Register (74 FR 69047). We
received one comment on the proposed
rule. There were no requests for a public
meeting and none was held.
Background and Purpose
As part of a removal action at the
Portland Harbor Superfund Site in 2008,
engineered sediment caps were placed
within Slip 3 and Wheeler Bay at the
Port of Portland Terminal 4 Facility in
order to contain underlying
contaminated sediment and shoreline
soil. The Port of Portland Terminal 4
Facility is located between River Miles
4.1 and 4.5 on the Willamette River.
The engineered sediment caps are
designed to be compatible with normal
marine operations, but could be
damaged by other maritime activities
including anchoring, dragging,
dredging, or trawling. Such damage
VerDate Nov<24>2008
13:39 Apr 19, 2010
Jkt 220001
could disrupt the function or affect the
integrity of the caps to contain the
underlying contaminated sediment and
shoreline soil in these areas. As such,
the RNAs are necessary to help ensure
the engineered sediment caps are
protected and will do so by prohibiting
certain maritime activities that could
disturb or damage them.
Discussion of Comments and Changes
The one comment received
questioned the use, in the Background
and Purpose section of the NPRM, of the
term ‘‘port’’ rather than ‘‘marine’’ to
describe the activities that may take
place in the area where the sediment
caps are located. In light of the potential
confusion about what activities are
being discussed, the term ‘‘port’’ was
replaced with ‘‘marine’’ in the
‘‘Background and Purpose’’ section of
this final rule.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. The Coast Guard has made this
determination based on the fact that the
RNAs cover a relatively small area and
that area can still be used for most
maritime activities.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule could affect the following
entities, some of which might be small
entities: the owners or operators of
vessels operating in the areas covered by
the RNAs. The RNAs would not have a
PO 00000
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Fmt 4700
Sfmt 4700
significant economic impact on a
substantial number of small entities,
however, because the RNAs cover a
relatively small area and that area can
still be used for most maritime
activities.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
erowe on DSK5CLS3C1PROD with RULES
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
VerDate Nov<24>2008
13:39 Apr 19, 2010
Jkt 220001
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
regulated navigation area. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
■
2. Add § 165.1326 to read as follows:
§ 165.1326 Regulated Navigation Areas;
Port of Portland Terminal 4, Willamette
River, Portland, OR
(a) Regulated navigation areas. Each
of the following areas is a regulated
navigation area:
(1) All waters of the Willamette River
in the head of the Port of Portland’s
Terminal 4 Slip 3, encompassed by a
line commencing at 45° 36′ 01.861″ N/
122°46′ 20.995″ W thence to 45° 36′
01.455 N/122° 46′ 20.887″ W thence to
45° 36′ 00.993″ N/122° 46′ 20.714″ W
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Sfmt 9990
20525
thence to 45° 36′ 00.725″ N/122° 46′
20.923″ W thence to 45° 36′ 00.731″ N/
122° 46′ 21.262″ W thence to 45° 36′
00.712″ N/122° 46′ 21.823″ W thence to
45° 36′ 01.230″ N/122° 46′ 22.048″ W
thence to 45° 36′ 01.651″ N/122° 46′
22.168″ W thence to 45° 36′ 01.684″ N/
122° 46′ 22.372″ W thence to 45° 36′
01.873″ N/122° 46′ 22.303″ W thence to
45° 36′ 02.065″ N/122° 46′ 21.799″ W
thence to 45° 36′ 01.989″ N/122° 46′
21.574″ W thence to 45° 36′ 01.675″ N/
122° 46′ 21.483″ W thence to 45° 36′
01.795″ N/122° 46′ 21.442″ W thence to
45° 36′ 01.861″ N 122° 46′ 20.995″ W.
(2) All waters of the Willamette River
in Wheeler Bay between Slip 1 and Slip
3 in the Port of Portland’s Terminal 4,
encompassed by a line commencing at
45° 36′ 10.634″ N/122° 46′ 39.056″ W
thence to 45° 36′ 10.269″ N/122° 46′
37.140″ W thence to 45° 36′ 10.027″ N/
122° 46′ 36.050″ W thence to 45° 36′
09.722″ N/122° 46′ 34.181″ W thence to
45° 36′ 09.425″ N/122° 46′ 33.118″ W
thence to 45° 36′ 08.960″ N/122° 46′
32.150″ W thence to 45° 36′ 08.653″ N/
122° 46′ 31.681″ W thence to 45° 36′
08.191″ N/122° 46′ 31.341″ W thence to
45° 36′ 07.886″ N/122° 46′ 31.269″ W
thence to 45° 36′ 07.517″ N/122° 46′
31.038″ W thence to 45° 36′ 07.235″ N/
122° 46′ 31.066″ W thence to 45° 36′
07.040″ N/122° 46′ 30.941″ W thence to
45° 36′ 06.697″ N/122° 46′ 30.987″ W
thence to 45° 36′ 06.509″ N/122° 46′
31.251″ W thence to 45° 36′ 06.201″ N/
122° 46′ 31.517″ W thence to 45° 36′
06.081″ N/122° 46′ 1.812″ W thence to
45° 36′ 06.550″ N/122° 46′ 32.124″ W
thence to 45° 36′ 06.970″ N/122° 46′
31.895″ W thence to 45° 36′ 07.172″ N/
122° 46′ 31.868″ W thence to 45° 36′
07.883″ N/122° 46′ 32.316″ W thence to
45° 36′ 08.370″ N/122° 46′ 32.927″ W
thence to 45° 36′ 08.775″ N/122° 46′
33.888″ W thence to 45° 36′ 09.121″ N/
122° 46′ 35.337″ W thence to 45° 36′
09.230″ N/122° 46′ 36.166″ W thence to
45° 36′ 09.442″ N/122° 46′ 37.759″ W
thence to 45° 36′ 09.865″ N/122° 46′
39.511″ W thence to 45° 36′ 10.421″ N/
122° 46′ 39.469″ W thence to 45° 36′
10.634″ N/122° 46′ 39.056″ W.
(b) Regulations. All vessels are
prohibited from anchoring, dragging,
dredging, or trawling in the regulated
navigation areas established in
paragraph (a) of this section.
Dated: April 2, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard
Commander, Thirteenth Coast Guard District.
[FR Doc. 2010–9018 Filed 4–19–10; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Rules and Regulations]
[Pages 20523-20525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9018]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0370]
RIN 1625-AA11
Regulated Navigation Areas; Port of Portland Terminal 4,
Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two Regulated Navigation Areas
(RNA) at the Port of Portland Terminal 4 on the Willamette River in
[[Page 20524]]
Portland, Oregon. The RNAs are necessary to preserve the integrity of
engineered sediment caps placed within Slip 3 and Wheeler Bay at the
Portland Harbor Superfund Site as part of a removal action at that
site. The RNAs will do so by prohibiting activities that could disturb
or damage the engineered sediment caps in that area.
DATES: This rule is effective May 20, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0370 and are available online by going to
https://www.regulations.gov, inserting USCG-2009-0370 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail MST1 Jaime Sayers, Waterways Management, USCG Sector
Portland; telephone 503-240-9319, e-mail Jaime.A.Sayers@uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 30, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Regulated Navigation Areas; Port of Portland Terminal
4, Willamette River, Portland, OR'' in the Federal Register (74 FR
69047). We received one comment on the proposed rule. There were no
requests for a public meeting and none was held.
Background and Purpose
As part of a removal action at the Portland Harbor Superfund Site
in 2008, engineered sediment caps were placed within Slip 3 and Wheeler
Bay at the Port of Portland Terminal 4 Facility in order to contain
underlying contaminated sediment and shoreline soil. The Port of
Portland Terminal 4 Facility is located between River Miles 4.1 and 4.5
on the Willamette River.
The engineered sediment caps are designed to be compatible with
normal marine operations, but could be damaged by other maritime
activities including anchoring, dragging, dredging, or trawling. Such
damage could disrupt the function or affect the integrity of the caps
to contain the underlying contaminated sediment and shoreline soil in
these areas. As such, the RNAs are necessary to help ensure the
engineered sediment caps are protected and will do so by prohibiting
certain maritime activities that could disturb or damage them.
Discussion of Comments and Changes
The one comment received questioned the use, in the Background and
Purpose section of the NPRM, of the term ``port'' rather than
``marine'' to describe the activities that may take place in the area
where the sediment caps are located. In light of the potential
confusion about what activities are being discussed, the term ``port''
was replaced with ``marine'' in the ``Background and Purpose'' section
of this final rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard has made this
determination based on the fact that the RNAs cover a relatively small
area and that area can still be used for most maritime activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule could affect the following entities, some of which
might be small entities: the owners or operators of vessels operating
in the areas covered by the RNAs. The RNAs would not have a significant
economic impact on a substantial number of small entities, however,
because the RNAs cover a relatively small area and that area can still
be used for most maritime activities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 20525]]
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a regulated
navigation area. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.1326 to read as follows:
Sec. 165.1326 Regulated Navigation Areas; Port of Portland Terminal
4, Willamette River, Portland, OR
(a) Regulated navigation areas. Each of the following areas is a
regulated navigation area:
(1) All waters of the Willamette River in the head of the Port of
Portland's Terminal 4 Slip 3, encompassed by a line commencing at
45[deg] 36' 01.861'' N/122[deg]46' 20.995'' W thence to 45[deg] 36'
01.455 N/122[deg] 46' 20.887'' W thence to 45[deg] 36' 00.993'' N/
122[deg] 46' 20.714'' W thence to 45[deg] 36' 00.725'' N/122[deg] 46'
20.923'' W thence to 45[deg] 36' 00.731'' N/122[deg] 46' 21.262'' W
thence to 45[deg] 36' 00.712'' N/122[deg] 46' 21.823'' W thence to
45[deg] 36' 01.230'' N/122[deg] 46' 22.048'' W thence to 45[deg] 36'
01.651'' N/122[deg] 46' 22.168'' W thence to 45[deg] 36' 01.684'' N/
122[deg] 46' 22.372'' W thence to 45[deg] 36' 01.873'' N/122[deg] 46'
22.303'' W thence to 45[deg] 36' 02.065'' N/122[deg] 46' 21.799'' W
thence to 45[deg] 36' 01.989'' N/122[deg] 46' 21.574'' W thence to
45[deg] 36' 01.675'' N/122[deg] 46' 21.483'' W thence to 45[deg] 36'
01.795'' N/122[deg] 46' 21.442'' W thence to 45[deg] 36' 01.861'' N
122[deg] 46' 20.995'' W.
(2) All waters of the Willamette River in Wheeler Bay between Slip
1 and Slip 3 in the Port of Portland's Terminal 4, encompassed by a
line commencing at 45[deg] 36' 10.634'' N/122[deg] 46' 39.056'' W
thence to 45[deg] 36' 10.269'' N/122[deg] 46' 37.140'' W thence to
45[deg] 36' 10.027'' N/122[deg] 46' 36.050'' W thence to 45[deg] 36'
09.722'' N/122[deg] 46' 34.181'' W thence to 45[deg] 36' 09.425'' N/
122[deg] 46' 33.118'' W thence to 45[deg] 36' 08.960'' N/122[deg] 46'
32.150'' W thence to 45[deg] 36' 08.653'' N/122[deg] 46' 31.681'' W
thence to 45[deg] 36' 08.191'' N/122[deg] 46' 31.341'' W thence to
45[deg] 36' 07.886'' N/122[deg] 46' 31.269'' W thence to 45[deg] 36'
07.517'' N/122[deg] 46' 31.038'' W thence to 45[deg] 36' 07.235'' N/
122[deg] 46' 31.066'' W thence to 45[deg] 36' 07.040'' N/122[deg] 46'
30.941'' W thence to 45[deg] 36' 06.697'' N/122[deg] 46' 30.987'' W
thence to 45[deg] 36' 06.509'' N/122[deg] 46' 31.251'' W thence to
45[deg] 36' 06.201'' N/122[deg] 46' 31.517'' W thence to 45[deg] 36'
06.081'' N/122[deg] 46' 1.812'' W thence to 45[deg] 36' 06.550'' N/
122[deg] 46' 32.124'' W thence to 45[deg] 36' 06.970'' N/122[deg] 46'
31.895'' W thence to 45[deg] 36' 07.172'' N/122[deg] 46' 31.868'' W
thence to 45[deg] 36' 07.883'' N/122[deg] 46' 32.316'' W thence to
45[deg] 36' 08.370'' N/122[deg] 46' 32.927'' W thence to 45[deg] 36'
08.775'' N/122[deg] 46' 33.888'' W thence to 45[deg] 36' 09.121'' N/
122[deg] 46' 35.337'' W thence to 45[deg] 36' 09.230'' N/122[deg] 46'
36.166'' W thence to 45[deg] 36' 09.442'' N/122[deg] 46' 37.759'' W
thence to 45[deg] 36' 09.865'' N/122[deg] 46' 39.511'' W thence to
45[deg] 36' 10.421'' N/122[deg] 46' 39.469'' W thence to 45[deg] 36'
10.634'' N/122[deg] 46' 39.056'' W.
(b) Regulations. All vessels are prohibited from anchoring,
dragging, dredging, or trawling in the regulated navigation areas
established in paragraph (a) of this section.
Dated: April 2, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard
Commander, Thirteenth Coast Guard District.
[FR Doc. 2010-9018 Filed 4-19-10; 8:45 am]
BILLING CODE 9110-04-P
